DECLARATION of Jennifer V. Nacht regarding motion for miscellaneous relief[70]
Hallmark Licensing, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
案件进展
73 条记录MOTION by Plaintiff Hallmark Licensing, LLC for Leave to Conduct Discovery and Extend Plaintiff's Reply Deadline
NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to vacate [67] is granted. Plaintiff should not have included Defendant Hongkong Yueqi Tech Ltd. d/b/a Homelex in the default judgment order submitted to the court. Default judgment as to this Defendant only is vacated. Plaintiff's reply brief as to the preliminary injunction for Defendant Homelex remains due by today, July 3, 2025. Mailed notice.
法院作出缺席判决MOTION by Defendants HOMELEX, HONGKONG YUEQI TECH LIMITED to vacate order on motion for entry of default, text entry, [61] Amended Order [65]
原告申请缺席判决MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's Motion for default judgment as to certain defendants is due by July 11, 2025. This order does not apply to Defendants BAOXIN Co.Ltd, YUNMING Co. Ltd., whose responsive pleadings remain due by July 10, 2025. As between Plaintiff and Defendant HONGKONG YUEQI TECH LIMITED, docket entry 64 is stricken. The briefing schedule set by docket entry 48 stands. Mailed notice.
原告申请缺席判决MINUTE entry before the Honorable Lindsay C. Jenkins: Order 61 is amended. The following order does not apply to Defendants BAOXIN Co.Ltd, YUNMING Co. Ltd only. Before the Court is Plaintiff's motion for entry of default as to certain Defendants 59. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Mailed notice.
原告申请缺席判决MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff and Defendant HONGKONG YUEQI TECH LIMITED, the court entered the preliminary injunction order on the same day that this Defendant filed its response brief. The parties are to confer and inform the court whether they have resolved their dispute. If not, Defendant HONGKONG YUEQI TECH LIMITED may file a motion to vacate by no later than July 7, 2025. Any response is due by July 14, 2025. No replies unless the court requests a reply. Mailed notice.
ENTERED CONSENT JUDGMENT AS TO certain defendants Signed by the Honorable Lindsay C. Jenkins on 6/30/2025. Mailed notice.
MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to approve consent judgment 58 is granted. Enter consent judgment. Mailed notice.
MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants BAOXIN Co.Ltd, YUNMING Co. Ltd only. Before the Court is Plaintiff's motion for entry of default and default judgment against certain Defendants 59. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before July 7, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by July 3, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
原告申请缺席判决DECLARATION of Justin R. Gaudio regarding motion for entry of default[59]
原告申请缺席判决MOTION by Plaintiff Hallmark Licensing, LLC for entry of default as to Certain Defendants
原告申请缺席判决MOTION by Plaintiff Hallmark Licensing, LLC to approve consent judgment as to a Certain Defendant
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants BAOXIN Co.Ltd, YUNMING Co.Ltd's unopposed motion for an extension of time [56] is granted. These Defendants' responsive pleadings are now due by July 10, 2025. Mailed notice.
MOTION by Defendants BAOXIN Co.Ltd, YUNMING Co.Ltd for extension of time to file answer regarding complaint[1]
ATTORNEY Appearance for Defendants BAOXIN Co.Ltd, YUNMING Co.Ltd by He Cheng
RESPONSE by Defendant HONGKONG YUEQI TECH LIMITED to memorandum in support of motion[42]
NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Dandan Pan
MINUTE entry before the Honorable Lindsay C. Jenkins: By July 1, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all remaining Defendants (aside from Homelex), no status report need be filed. Mailed notice.
原告申请缺席判决PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 6/12/2025. Mailed notice.
法院批准初步禁令MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant No. 23 Hong Kong Yueqi Techlimited d/b/a Homelex. Plaintiff's motion for a preliminary injunction [41] is granted, which the Court now considers unopposed except as to Homelex, because no defendant filed a notice of objection by the established deadline. For the reasons set forth in plaintiff's motion for a preliminary injunction, as well as the reasons provided by plaintiff in connection with the Court's earlier entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction, including that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [45] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
原告提交TRO申请MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to set a briefing schedule [47] is partly granted. Defendant No. 23 Hong Kong Yueqi Techlimited d/b/a Homelex's response to the motion for a preliminary injunction is due by June 26, 2025 and any reply is due by July 3, 2025. Mailed notice.
法院批准初步禁令NEW PARTIES: Shop1102721291 Store, Shop1104383202 Store, Shop1104486046 Store, Shophei20230909 Store, SjeserotShop, gremels15, AAWYPKDVJH, AcrazyLady, AKTBGFD, Babys bargain shop, bincools, Carlotaa, CUILINGO SHOP, DAMARISZLW, DEWRT, Family Club Z, FDDshop, FENVOX, ForLOBO, funny sea, gofeeling, Home Furnishing cn, HOMELEX, HUMBLE SWAG, inesss tumble, Infinity Kingdom, Insight Hoodie B, JRjcwlRJ, junqianshangmao, KIKIESS, LIUHUA, LiuyongchengA, LOVE ZRT, Luckiness AO, MENS FASHION HU, NakYhoVO, NeonThreads, OskyBSD, Pasitin, quanjianhaotanJ, sixth sense studio, Standout Tshirts, Star cooffee cup, TONGHENGFEI, WangjieA, yanguifanbaihuodian, young lin, ZFVZMA, ZZMBR, BAOXIN Co.Ltd, BecMoc, hanyade, lizhengwei0101, Nianyaokeji, quanzhoushihongchengyipindianzishangwuyouxiangongsi, shanxihuajuanquwangluokeji, shewenjie, The Berea Company, Wes doll shop, Yang Yongjun, Yeeman, Yufanshop, YUNMING Co.Ltd and ZONGZHI Co.Ltd added to case caption.
MOTION by Defendant HONGKONG YUEQI TECH LIMITED to set a briefing schedule PRELIMINARY INJUNCTION BRIEFING SCHEDULE 30 days for opposition and 14 days for reply
原告提交PI申请ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Ruoting Men
CERTIFICATE of Service by Plaintiff Hallmark Licensing, LLC regarding set motion and R&R deadlines/hearings, [44]
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by June 11, 2025." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.
原告提交PI申请SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/5/2025, answer due 6/26/2025.
MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[41]
原告提交PI申请MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction
原告提交PI申请ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Tianyun Ji JI, TIANYUN
ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Jie Li
ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Wei Wang
ATTORNEY Appearance for Defendant HONGKONG YUEQI TECH LIMITED by Tao Liu
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO [33] is granted. The TRO is extended to June 18, 2025. Mailed notice.
法院批准TRODECLARATION of Jennifer V. Nacht regarding memorandum in support of motion 34
MEMORANDUM by Hallmark Licensing, LLC in support of extension of time 33
MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order
原告提交TRO申请SURETY BOND in the amount of $ 10,000.00 posted by Hallmark Licensing, LLC. (Document not imaged)
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
Registry Deposit Information Form by Hallmark Licensing, LLC
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Hallmark Licensing, LLC
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for reconsideration 26 is granted. The prior request for a temporary restraining order is partly granted and modified such that the asset restraint may apply only to money or assets traceable to sales of the accused products. Were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. The Temporary Restraining Order being entered along with this minute order shall be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits, that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Enter Sealed Temporary Restraining Order. Mailed notice.
法院批准TROMOTION by Plaintiff Hallmark Licensing, LLC for reconsideration regarding order on motion for temporary restraining order, order on motion for miscellaneous relief, text entry, [25]
原告提交TRO申请MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for electronic service [21] is granted, although if a defendant later appears and challenges the propriety of service, the Court will take a fresh look at the issue. The motion for a TRO [16] is denied without prejudice to renewal. "Disgorgement is an equitable remedy to be imposed by the Court" and "is an appropriate remedy where the defendant actually holds property or proceeds that belong to the plaintiff which can be returned to the plaintiff." See Cont'l Vineyard LLC v. Dzierzawski, No. 12 C 3375, 2018 WL 11195945, at *1 (N.D. Ill. Apr. 5, 2018). It is a form of relief that requires specificity from the plaintiff, who must identify the particular property or proceeds he seeks to recover. See also Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 331 (1999) (explaining that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable relief). Even in the typical disgorgement scenario, courts are not obligated to impose a prejudgment asset restraint. The decision to do so is discretionary, and the Court declines to exercise its discretion in the broad manner requested. In particular, the Court is not prepared to impose a prejudgment asset restraint that potentially encompasses legitimate assets. To do so would be to relieve Plaintiff of its burden to identify the property or proceeds it seeks to enjoin with a sufficient degree of specificity. Mailed notice.
法院批准TROSEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A Template
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief[21]
MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-2 regarding declaration[19]
DECLARATION of Stacey Howe regarding memorandum in support of motion[17]
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order[16]
原告提交TRO申请MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
原告提交TRO申请DECLARATION of Justin R. Gaudio regarding other[14]
Supplemental Memorandum in Response to Minute Order [13] by Hallmark Licensing, LLC
MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to seal 3, but upon review of the complaint, the Court sua sponte raises the propriety of joining more than 60 defendants in a single action. By May 20, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by May 19, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.
原告提交TRO申请MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
MAILED Trademark report to Patent Trademark Office, Alexandria VA
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Madeline Halgren
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio
Notice of Claims involving Trademarks by Hallmark Licensing, LLC
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC
CIVIL Cover Sheet
MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal
SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]
COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-23446184.
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).
